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Council Tax on Inherited Property

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Comments

  • xylophone
    xylophone Posts: 45,678 Forumite
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    It'll certainly affect your necessity for social housing...

    But not his eligibility?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    xylophone wrote: »
    But not his eligibility?
    Unfortunately, no.

    Until such time as social housing starts being restricted to those who need it now, not just in the past. But that's a separate thread.
  • Some councils put it into the names of the beneficiaries from date of probate, unless there is a duty to retain by the estate, selling a property does not mean it won’t be put into the beneficiaries name and council tax not collected.
  • CIS
    CIS Posts: 12,260 Forumite
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    phil1959 wrote: »
    Some councils put it into the names of the beneficiaries from date of probate, unless there is a duty to retain by the estate, selling a property does not mean it won’t be put into the beneficiaries name and council tax not collected.


    They try - and it's a very badly worded piece of legislation - but the latest opinions by the valuation tribunal would suggest that they would disagree with the council doing that (as would I).

    ...The case for the BA was that the appellant was deemed to be the liable person as she was the sole beneficiary of her late mother’s estate. It was argued that the fact that the Land Registry had not been updated did not prevent the appellant from being the owner, or from selling the property...

    ...the appellant submitted that she was not an owner of the property as de-fined, as she did not have a material interest in it...

    ...The panel derived most assistance from the President’s determination as to whether the sole beneficiary had a material interest in the dwelling. In para. 14 of the decision he stated:

    Whilst in due course Mr Z T is most likely to have a material interest, that being the freehold of
    the dwelling, he simply did not for the period in dispute. At best he may have had a beneficial interest, but certainly no freehold interest in the dwelling.



    The BA relied on the fact that the appellant was the sole beneficiary, and an assumption that there was no legal requirement to update the Land Registry.

    The panel held that the appellant did not hold a material interest for the disputed period. According to the Land Registry, the title remained registered to her mother until the property was sold, and therefore at no point did the appellant hold a freehold or leasehold interest. The appeal was allowed
    .
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    why not move in if mortgage free, save paying rent to the council and frees up social housing?
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • tboo
    tboo Posts: 1,379 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 29 December 2019 at 7:39PM
    geoffreyc wrote: »
    My mother passed away a few weeks ago and I will very soon inherit her home. At the moment I live with my partner in a council property and we pay council tax there.

    I fully understand council tax is chargeable on the property but will it be payable from the proceeds of the sale. There is no way I could currently afford to pay until it is sold.

    Thanks

    https://forums.moneysavingexpert.com/discussion/6085825
    geoffreyc wrote: »
    I'm about to move in with my fiancee who is currently in part-time work and who claims pip, universal credit, housing benefit and council tax reduction.

    For myself i was a long term carer for my mother who is about to enter a nursing home. I have no property (although I will inherit what is left of my mother's estate after her passing) and few savings after years of caring.

    I know we will be treated as a couple from the moment I move in with her in a few weeks but will this mean her starting a completely new claim or will it just be amended so to speak to take into account me moving in?


    Op's Mother is now in a nursing home
    “You’re only here for a short visit.
    Don’t hurry, don't worry and be sure to smell the flowers along the way.”
    Walter Hagen


    365 Day 1p Challenge for 2021 #41 ✅
    Jar £440.31/£667.95 and Bank £389.67/£667.95

  • G_M
    G_M Posts: 51,977 Forumite
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    Mum has risen from the dead! But sadly for the OP that means he won't inherit for a while yet at least....
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Nor worry about the class F exemption...
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • unforeseen
    unforeseen Posts: 7,395 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    G_M wrote: »
    Mum has risen from the dead! But sadly for the OP that means he won't inherit for a while yet at least....

    Normally you have a miscount on grandparents deaths when talking to the boss. Not often that you see somebody getting the count of their mum's deaths wrong.
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